Court: Abortion doctors can’t be charged under Arizona law

TL;DR

Still, the court said doctors can’t be prosecuted for performing abortions in the first 15 weeks of pregnancy because other Arizona laws passed over the years allow them to perform the procedure, though non-doctors are still subject to be charged under the old law.The pre-statehood law, which allows abortions only if a patient’s life is in jeopardy, had been blocked from being enforced shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision guaranteeing women a constitutional right to an abortion.EXPLAINER: Online privacy in a post-Roe worldNew California laws on abortion, jaywalking, rap lyrics'You've got to deliver': Democrats take charge in MichiganMissouri judge hands Planned Parenthood a Medicaid winThe Arizona Court of Appeals said it wasn’t viewing the pre-statehood law in isolation of other state abortion laws, explaining that “the legislature has created a complex regulatory scheme to achieve its intent to restrict — but not to eliminate — elective abortions.”In a statement, Brittany Fonteno, president and chief executive of Planned Parenthood Arizona, said the decision means a state law limiting abortions to 15 weeks into a pregnancy will remain in place.“The Arizona Court of Appeals has given us the clarity that Planned Parenthood Arizona has been seeking for months: When provided by licensed physicians in compliance with Arizona’s other laws and regulations, abortion through 15 weeks will remain legal.”The appeals court rejected Brnovich’s claim that doctors could be prosecuted under the pre-statehood law, saying the attorney general’s argument ignores the Legislature’s intent to regulate but not eliminate abortions and violates due process by promoting arbitrary enforcement.A Phoenix physician who runs a clinic that provides abortions and the Arizona Medical Association also had filed a separate lawsuit that sought to block the territorial-era law, arguing that laws enacted by the Legislature after the Roe decision should take precedence and abortions should be allowed until 15 weeks into a pregnancy."

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